Headley v. &198tna Ins. Co.
Supreme Court of Alabama
Appeal from Circuit Court, Talladega County; Hugh. D. Merrill, Judge. Action by Annie Carrie Headley against tlie HStna Insurance Company. Judgment for defendant, and plaintiff appeals. Appellant sued appellee on a policy of insurance 'known as tornado or cyclone insurance.
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Appeal from Circuit Court, Talladega County; Hugh. D. Merrill, Judge. Action by Annie Carrie Headley against tlie HStna Insurance Company. Judgment for defendant, and plaintiff appeals. Appellant sued appellee on a policy of insurance 'known as tornado or cyclone insurance. The policy contained a clause by which the parties undertook to agree that, in the event of a disagreement between them as to the amount of damages or loss suffered by the insured, then on the request or demand of either party each should select or name one appraiser, and these two appraisers should select an umpire, and…
1Opinion of the CourtMayfield, J.
[1,2] A covenant in a contract, whether of insurance or of other matters, to submit every matter of dispute between the parties, growing out of such contract, to arbitration or to a board of appraisers, to the end of defeating the jurisdiction of courts as to the subject-matter, are universally held to be void, as against public policy. There need be no such express intent to so defeat the jurisdiction; if the necessary effect of the covenant will inevitably so opérate, it is held to be void because against public policy. Agreements, however, which merely provide a mode or manner for…
2Cases cited10 opinions
- Martinsburg & Potomac Railroad v. MarchSupreme Court of the United States · 1885
- United States v. RobesonSupreme Court of the United States · 1835
- President of Delaware & Hudson Canal Co. v. Pennsylvania Coal Co.New York Court of Appeals · 1872
- Kinney v. Balt. & Ohio Emp. Rel. Ass'nWest Virginia Supreme Court · 1891
- Commercial Union Assurance Co. v. HockingSupreme Court of Pennsylvania · 1887
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3Cited by21 opinions
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- Wells v. Mobile County Bd. of Realtors, Inc.Supreme Court of Alabama · 1980
- Ex Parte Alabama Oxygen Co., Inc.Supreme Court of Alabama · 1983
- Norwich Union Fire Ins. Soc., Limited v. CohnCourt of Appeals for the Tenth Circuit · 1933
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